Fayetteville Pedestrian Accident Lawyer

Pedestrian crashes can occur throughout Fayetteville, but certain roads and areas see heavier interaction between vehicles and people on foot.

Busy commercial corridors, downtown intersections, streets near the University of Arkansas, and crossings connected to the Razorback Regional Greenway can all create conditions where a collision may result in devastating injuries.

Fayetteville has identified pedestrian safety as part of its Vision Zero initiative.

From 2017 through 2021, the City reported 26 traffic deaths and 193 serious injuries, with pedestrians and bicyclists accounting for eight of those fatalities.

Several corridors have also been included in Fayetteville’s High Injury Network and Safe Streets and Roads for All projects, including:

• North College Avenue
• South School Avenue
• Gregg Avenue
• Joyce Boulevard
• Maple Street

Other areas with significant pedestrian activity include downtown Fayetteville, streets surrounding the University of Arkansas, and roadway crossings near the Razorback Regional Greenway.

These designations do not mean every crash on these roads involves a pedestrian.

They do, however, identify locations where Fayetteville has prioritized traffic-safety improvements and where local road conditions may become relevant after a serious pedestrian accident.

Common Causes of Pedestrian Accidents in Fayetteville

The common causes of pedestrian accidents often involve a driver’s failure to notice a person on foot or to respond appropriately before reaching a crosswalk or intersection.

Causes may include:

• Distracted driving
• Speeding
• Failing to yield
• Running a traffic signal or stop sign
• Making an unsafe left or right turn
• Impaired driving
• Reckless driving
• Backing out without checking for pedestrians
• Driving too fast for darkness or bad weather
• Failing to check before entering a crosswalk
• Poorly designed intersections
• Inadequate lighting
• Obstructed sightlines
• Unsafe construction zones

Many pedestrian accidents occur when a driver is focused on other motor vehicles and fails to look for someone walking.

NHTSA specifically advises motorists to slow down and prepare to stop when turning or entering a crosswalk and to avoid passing another vehicle that has stopped for a pedestrian.

A pedestrian injury lawyer can investigate whether a negligent driver violated traffic laws, failed to maintain a proper lookout, or otherwise caused the collision.

Distracted, Speeding, and Impaired Drivers

Distracted driving reduces the time a motorist has to notice and react to a pedestrian.

A driver looking at a phone, navigation system, passenger, or another distraction may travel through an intersection without realizing that someone has entered the crosswalk.

Speed can make the consequences significantly worse.

A faster-moving motor vehicle travels farther during the driver’s reaction time and strikes a pedestrian with greater force.

CDC identifies speed and alcohol involvement among the major risk factors associated with pedestrian injuries and deaths.

Impaired driving can also affect:

• Reaction time
• Judgment
• Vision
• Lane control
• Speed selection
• Awareness of traffic signals and crosswalks

When distracted or impaired driving is suspected, pedestrian accident attorneys may gather cell phone evidence, witness statements, police accident reports, toxicology information, traffic-camera recordings, and other evidence.

Arkansas pedestrian laws establish responsibilities for both pedestrians and motorists.

Understanding those rules can be important when an insurance company disputes fault in a pedestrian accident case.

Arkansas Code contains a specific pedestrian subchapter covering traffic signals, crosswalk right-of-way, crossing outside crosswalks, and certain other pedestrian conduct.

These laws should be considered alongside the facts of the collision.

A traffic violation may be important evidence, but a personal injury claim still requires an analysis of negligence, causation, injuries, and damages.

When Do Drivers Have to Yield to Pedestrians in Arkansas?

Under Arkansas Code § 27-51-1202, when traffic control signals are not present or operating, drivers must yield to a pedestrian crossing within a marked crosswalk or an unmarked crosswalk at an intersection.

A driver must slow or stop when necessary to allow the pedestrian to cross.

Arkansas law also addresses what happens when pedestrians cross outside a crosswalk.

Even where the pedestrian is required to yield, § 27-51-1204 states that drivers must exercise due care to avoid colliding with pedestrians and take proper precautions when observing a child or a confused or incapacitated person in the roadway.

A driver therefore cannot simply see a pedestrian in the roadway and continue without attempting to avoid a collision.

What Responsibilities Do Pedestrians Have?

Pedestrians also have responsibilities under Arkansas traffic laws.

Arkansas Code § 27-51-1201 provides that pedestrians are subject to traffic control signals at intersections.

Depending on the location, pedestrians may need to:

• Obey pedestrian and traffic signals
• Yield when crossing outside a marked or unmarked intersection crosswalk
• Use marked crosswalks between adjacent signalized intersections
• Avoid suddenly entering traffic when vehicles cannot reasonably stop
• Exercise reasonable care for their own safety

Arkansas also generally prohibits pedestrians from being within the boundaries of controlled-access highways, subject to specified exceptions such as certain emergencies after exiting a motor vehicle.

A violation by the pedestrian does not necessarily end a personal injury claim.

The conduct of both the pedestrian and driver must be considered.

Pedestrians can suffer serious injuries from both the initial impact with a vehicle and the secondary impact with the pavement or another object.

As a result, the common injuries sustained in pedestrian accidents can affect the head, spine, limbs, internal organs, and other parts of the body.

Common pedestrian accident injuries include:

• Traumatic brain injuries and concussions
• Spinal cord injuries
• Broken bones and fractures
• Pelvic injuries
• Knee injuries and other joint damage
• Neck and back injuries
• Internal bleeding and organ damage
• Nerve damage
• Crush injuries
• Facial injuries
• Severe cuts, abrasions, scarring, and disfigurement

Some pedestrian accident victims recover within weeks or months, while others experience lasting complications.

Severe injuries may affect mobility, the ability to work, independence, and the need for ongoing medical treatment or assistance.

A negligent driver is the most common at fault party in a pedestrian accident, but liability may extend beyond the person behind the wheel.

Potential responsible parties can include:

• A distracted or speeding driver
• A drunk or drug-impaired driver
• A rideshare or delivery driver
• An employer whose employee caused the crash while working
• A vehicle owner in appropriate circumstances
• A company responsible for a commercial motor vehicle
• A vehicle or parts manufacturer
• A road contractor
• A property owner whose condition contributed to the crash
• A government entity when permitted by Arkansas law

A pedestrian accident law firm may need to investigate multiple parties when road design, employment relationships, defective equipment, or other conditions contribute to the collision.

Personal injury attorneys can review insurance coverage, ownership records, employment information, accident reports, and other documentation before determining who should be included in a pedestrian accident lawsuit.

What Happens When a Pedestrian Is Partially at Fault?

Arkansas follows comparative fault, sometimes described in consumer materials as a modified comparative negligence rule.

Under Arkansas Code § 16-64-122, the pedestrian’s fault is compared with the fault of the party or parties from whom damages are sought.

If the pedestrian’s degree of fault is less than the fault of the party or parties being pursued, the pedestrian may recover compensation, but that recovery is reduced according to the pedestrian’s percentage of fault.

If the pedestrian’s fault is equal to or greater than the fault of those parties, recovery may be barred.

For example, if damages are $100,000 and the pedestrian is found 20% responsible, the potential recovery may be reduced to $80,000.

Insurance companies may attempt to increase the pedestrian’s share of blame by arguing that the person crossed outside a crosswalk, wore dark clothing, or was distracted.

Experienced pedestrian accident lawyers can examine whether those allegations are supported by evidence and whether the driver also had sufficient time to avoid the crash.

What If the Driver Who Hit You Is Uninsured?

An uninsured driver can make a pedestrian accident claim more complicated, but it does not necessarily mean there is no potential source of financial recovery.

Arkansas automobile policies generally must provide uninsured motorist bodily injury coverage unless the named insured rejects that coverage in writing.

The coverage protects insured persons who are legally entitled to damages from an uninsured motorist, so whether an injured pedestrian can make a claim depends on the applicable policy language and the person’s status as an insured.

Potential coverage should be reviewed under:

• The pedestrian’s own auto policy
• A household member’s applicable policy
• The driver’s insurance information
• Employer or commercial policies
• Other coverage connected to the vehicles involved

A pedestrian accident attorney can review the policies rather than assuming that the lack of insurance on the negligent driver’s vehicle ends the case.

Being struck by a motor vehicle is an emergency.

If you are able, focus first on protecting your health and documenting the circumstances of the accident.

After a pedestrian accident:

• Call 911.
• Remain in a safe location if possible.
• Seek medical attention.
• Report the crash to police.
• Obtain the driver’s name and insurance information.
• Photograph the vehicle and accident scene.
• Photograph crosswalks, traffic signals, signs, and lighting.
• Get contact information from witnesses.
• Avoid admitting fault or speculating about what happened.
• Ask how to obtain the police report.
• Keep damaged clothing and personal items.
• Save medical bills and other expense records.
• Follow your doctor’s medical treatment plan.
• Avoid discussing the accident extensively on social media.
• Contact a pedestrian accident lawyer.

A personal injury lawyer can help preserve evidence while the accident victim focuses on medical care.

The driver’s insurance company investigates the claim to determine what it is willing to pay.

Its interests are not necessarily the same as those of the injured pedestrian.

Insurance adjusters may:

• Request a recorded statement
• Ask whether you were inside a crosswalk
• Question what you were wearing
• Blame you for not seeing the vehicle
• Request broad access to medical records
• Argue that an injury existed before the crash
• Dispute medical expenses
• Minimize lost wages
• Make an early settlement offer
• Deny or delay the insurance claim

You should not exaggerate or hide information, but you also do not need to accept an insurer’s conclusions about fault or damages without review.

A pedestrian injury lawyer can communicate with insurance companies, provide supporting documentation, and pursue compensation based on the injuries and losses supported by the evidence.

Wrongful Death Claims After Fatal Pedestrian Accidents

Pedestrian fatalities can leave families facing both profound loss and serious financial consequences.

Arkansas law permits a wrongful death action when a person’s death results from a wrongful act, neglect, or default that would have supported an injury claim had the person survived.

Arkansas Code § 16-62-102 generally requires the action to be brought by the deceased person’s personal representative.

If no personal representative exists, the heirs at law may bring the claim.

The statute recognizes beneficiaries including the surviving spouse, children, parents, siblings, and certain people with an in loco parentis relationship.

Wrongful death damages may address losses such as financial injuries, loss of a spouse’s services and companionship, and mental anguish suffered by eligible beneficiaries.

Separate estate or survival claims may involve additional losses depending on the circumstances.

Pedestrian deaths require careful investigation because the injured person cannot provide their version of events.

Accident scene evidence, witnesses, vehicle data, video, and police reports may therefore become especially important.

Arkansas generally applies a three-year statute of limitations to negligence-based personal injury claims.

Arkansas courts have recognized § 16-56-105 as establishing a three-year period for state-law negligence claims.

Wrongful death actions generally must also be filed within three years after the death under Arkansas Code § 16-62-102, subject to specific statutory exceptions.

The correct deadline may change when a case involves:

• A government entity
• A minor
• A legally incapacitated person
• Wrongful death
• An unknown defendant
• An insurance contract with separate notice provisions
• Other unusual circumstances

You should not wait until the statute of limitations is approaching.

Evidence may disappear months or years before the legal deadline.

If settlement negotiations do not produce a fair result, a lawyer may need to file a pedestrian accident lawsuit before the applicable deadline.

Missing the deadline can prevent an injury victim from pursuing otherwise valid personal injury lawsuits.

If you were hit by a car or another motor vehicle in Fayetteville, you may be facing serious injuries, medical bills, time away from work, and an insurance company already investigating the accident.

You do not have to go through the legal process by yourself.

NWA Car Accident Attorney helps pedestrian accident victims understand their legal rights and determine whether they have a pedestrian injury claim.

Our team can investigate the negligent driver, obtain police accident reports, preserve evidence, review insurance coverage, and pursue compensation for medical expenses, lost wages, pain and suffering, and other losses.

Whether your pedestrian accident involved a crosswalk, traffic signals, distracted driving, an uninsured motorist, or a dispute about fault, our pedestrian accident attorneys can review what happened and explain your options under Arkansas personal injury law.

Contact NWA Car Accident Attorney today for a free consultation with a Fayetteville pedestrian accident lawyer.

We can discuss your pedestrian accident case, explain whether you may be able to file a pedestrian accident claim or lawsuit, and help you decide what comes next.

Our pedestrian accident law firm represents injury victims on a contingency fee basis.

You pay no upfront attorney’s fees, and attorney’s fees are owed only if we recover compensation for you.